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Mike Edison
&
Rabbi Levi Brackman and Sam Jaffe
who are posting all week.
Coming up:
  • 10/20:
    Jonathan Garfinkel
  • 10/20:
    Rabbi Robert Levine
  • 10/27:
    Danit Brown
  • 10/27:
    Joshua Henkin
  • 11/03:
    Craig Glazer
  • 11/10:
    Max Gross
  • 11/17:
    Seth Greenland

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Freedom of Speech

Ezra Levant in Canada's Kafka Court

Our northern neighbor's "Human Rights Commissions" have precious little to do with human rights
 
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Young conservative: Ezra LevantYoung conservative: Ezra Levant If Ezra Levant's name were better known, his story, ironically, would likely be less significant.

Levant is the former publisher of the Calgary-based conservative magazine the Western Standard, one of only two publications in Canada to reprint the drawings of Muhammad that sparked the Cartoon Intifada in early 2006. In the face of intense pressure from bullies and busybodies to deprive his readers of an informative account of the biggest news story in the world at the time, Levant defiantly upheld his and his fellow citizens' freedom of thought and right to free expression.

Nonetheless, the Western Standard was a tiny redoubt of sanity amid coverage of the Danish cartoons that generally ran the full gamut from obsequious to craven. In a target-rich environment stretching from Marrakech to Manchester, the Classical period of the Intoonfada --- the period that consisted most prominently in righteous rioting, murder plots, and the torching of embassies --- passed Levant and his magazine by.

Pusillanimous self-censorship notwithstanding, crude terrorism failed to undermine freedom of speech, and the popular enthusiasm for sustained mob violence dried up, as it was bound to do. Although the threat of assassination continues to loom in the background, the Intoonfada evolved into a Baroque period. Its primary battlefield is now the courtroom, where the forces of religious intimidation hope to use the institutions of civil law to subordinate civil law to the dictates of Islamic piety.

Don't get mad, but: Here are all of the Intoonfada 'ToonsDon't get mad, but: Here are all of the Intoonfada 'Toons Some jurisdictions are more propitious for this effort than others. Here in the United States, for example, despite fears on the left of growing theocracy, explicit constitutional safeguards ensure that political speech is unrestricted. But our northern neighbor has no codified bill of rights. Instead, as a dominion of the British crown, Canada's basic liberties persisted for most of its history as common law traditions. Today, they are enumerated in a Charter qualified by a "limitation clause," and hence remain vulnerable to legal challenge in ways the the provisions of the US Bill of Rights are not. Having failed to capture a big trophy like freedom of speech in Denmark, theocratic thugs are doing their best to silence individual voices like Levant's through costly, abusive litigation.

To be sure, no legitimate civil or criminal court in Canada would grant standing to a complainant seeking to prosecute the free exercise of political speech. But an alternative judicial system that sprang up in the 1970s for a specific, narrow purpose has wildly outstripped its mandate, and afforded the forces of religious censorship the opportunity to put authors, editors, and publishers on trial.

The Canadian Human Rights Act of 1977 established "Human Rights Commissions" in the various Canadian provinces to investigate and redress racial, religious, and gender discrimination in employment, housing, and related affairs. But the nebulous language of the act --- language that one of its authors, Alan Borovoy, acknowledges is in dire need of clarification --- allows unscrupulous individuals to proscribe any speech that offends their sensibilities. What's more, the standards of evidence and proof on offer in the Human Rights Commission tribunals are a sad parody of a recognizable justice system.

Alberta Human Rights Commission: Artist's conceptionAlberta Human Rights Commission: Artist's conception The only condition that needs to be met for a defendant to be found in violation of the Human Rights Act is that his speech is "likely to expose" the complainant to "hatred or contempt." Imagine an article on abuse of women in a cloistered religious community, or on an ethnic or sectarian war in which atrocities are committed by both sides. Any accurate reporting on such affairs obviously might catalyze hatred or contempt among ignorant readers. By that fact alone, provided someone were found to bring suit, the author of articles like these could be convicted as a human rights abuser.

Worst of all, the Human Rights Act provides for all complainants' legal fees to be paid for by the state, no matter how frivolous their claims. Defendants' legal fees, by contrast, are subsidized to the tune of zero percent, no matter how meritorious a defendant's case. In other words, attempting to suppress free speech in Canada is a risk-free investment.

Which brings us back to the case of Ezra Levant. Amid the furor of the early stages of the Intoonfada, Syed Soharwardy, a Pakistani-born imam who serves as national president of the somewhat grandiosely-named Islamic Supreme Council of Canada, quietly did his best to shut down publication of the Western Standard, and punish its publisher for transgressing the laws of a faith to which he does not subscribe.

Not a happy camper: Syed SoharwardyNot a happy camper: Syed Soharwardy Soharwardy's first recourse was to lobby the Calgary police to arrest Levant for the crime of printing a cartoon. When that effort proved unsuccessful, Sohawardy moved on to Plan B, a barely legible handwritten complaint against Levant and the Western Standard to the Alberta Human Rights Commission, which needs to be read in full to be believed.

The human rights violations Soharwardy claims Levant perpetrated include:

  • Levant calling Soharwardy "radical" during a radio interview
  • Levant claiming the right to publish the Danish cartoons
  • Levant "defam[ing] and insult[ing]" Soharwardy and his family by publishing the cartoons
  • Levant denying that "my beloved Muhammad (peace be upon him) was the best in manners, best in etiquettes, and the most intelligent human being"
  • Levant "mentally tortur[ing]" Soharwardy

For good measure, Soharwardy concludes his brief by protesting to the Alberta HRC that "the response from Calgary police" --- i.e., in declining to incarcerate Levant for publishing magazine articles --- "is not reasonable."

To repeat the allegation aloud is to reveal it, and the judicial practices supporting it, as a sinister farce: A man is on trial in an ostensibly free country for (a) hurting someone's feelings and (b) asserting his right to free speech. For his part, the complainant considers the two elements on a par; by his lights, subjectively-perceived offensive speech and the assertion of the right to free speech are equally egregious violations of his human rights. And rather than treat the complaint as a cry for help from a pitiable character in dire need of a lesson in civics, the institution presiding over the case subjected the defendant to a two-year-long prosecution costing him upwards of $100,000, in which the mere fact that he was accused predetermined his eventual conviction.

The true meaning of freedom: You're free to keep your mouth shutThe true meaning of freedom: You're free to keep your mouth shut Or at least it would have done, if Levant had not brought a video camera with him to his interrogation and exposed the proceedings to the light of day. If a latter-day Franz Kafka were to produce a reality television show, he would have difficulty adequately capturing the fastidious, baleful bureaucratic mockery of due process at the heart of the HRC hearings.

Despite the fact that neither truthfulness nor benign intent can exculpate Levant, as Sohawardy's mere claim to having taken offense at Levant's words satisfies the tribunal's standard of proof, Levant's interrogator insists on prodding him, repeatedly, to confess just what he was up to. She does take notes, but she might as well have been doodling, since Levant is guilty in virtue of having been accused, and no answer of his can change that. But Levant will have none of it. In his opening and closing statements, he refuses to recognize the authority of the tribunal to render a judgment on him, and challenges his interrogator to recommend a guilty verdict, so that the process can finally end and he can file his own suit in a real court. Levant represents himself, moreover, because the tribunal bars him from seeking counsel of his own choosing.

In the month since Levant's hearing at the HRC tribunal, his videos went viral on Youtube, and the public backlash forced Soharwardy to drop his case. He could not withdraw, however, without firing an ominous Parthian shot, averring that "Canadian society is mature enough not to absorb the messages that the cartoons sent" --- as if anyone must satisfy an antiliterate blackmailing cleric of his or her maturity in order to consume literature.

But even in being vindicated, Levant lost. He lost his magazine, lost a hundred thousand dollars in legal fees, and lost hundreds of hours fighting a risible lawsuit that should have been tossed into a wastebasket after a cursory reading. And Soharwardy, despite the deserved opprobrium he earned himself, substantially succeeded in his objective. Any newspaper or magazine publisher who wishes to run a story that could even unreasonably be interpreted as criticizing Islam now knows that he may be subject to the years of persecution and ruinous debts that Levant faced, no matter how pure his intentions or how scrupulously accurate the article is.

In other words, Soharwardy has given journalists across Canada reason to be terrified of writing about Islam. That tactic has a well-worn, but nonetheless indispensable name. Terrorism has found a witting accomplice in Canada's Kafkaesque grey tribunals.


 

Return of the Cartoon Intifada

 

In Denmark last week, Muslim fanatics were caught conspiring to assassinate a cartoonist. In protest of the conspirators' arrest, and in protest of freedom of expression in general, other Muslim fanatics are committing arson and inciting riots. That can only mean one thing: it's February again.

February 2006, as some readers may recall, marked the launch of the First Cartoon Intifada. The previous fall, the Danish newspaper Politiken ran a brief story about Kare Bluitgen, a children's book author who was trying to write a book about Islam, and found that no illustrator was willing to take on the project, for fear of being slaughtered like Theo van Gogh.

Picking up on the story, Jyllands Posten, another Danish newspaper, printed a series of 12 cartoons, some (but not all!) of which depicted the prophet Muhammad, as a way of satirizing the circumstances under which Danish artists were too fearful forMuhammad cartoons: definitely justify murderMuhammad cartoons: definitely justify murder their lives to accept payment for kiddie book drawings.

In the following months, Muslim states began pressuring the Danish government to punish the newspaper. To his lasting credit, Prime Minister Anders Fogh Rasmussen refused to submit to blackmail or compromise his country's fundamental freedoms. At that point, there was no way for humble sheep in the flock of God to let the world know just how much their righteous feelings had been hurt, except by torching the embassies of sovereign states, trampling bystanders to death and forcing artists into hiding.

The open rioting may have died down since then, but God's commandment to murder artists remains quite active, hence the recently uncovered plot to kill septuagenarian cartoonist Kurt Westergaard should hardly come as a surprise. What is surprising, and pleasantly so, is that Western media have not adopted a cowardly defensive crouch. Instead, newspapers across Denmark reprinted the Muhammad cartoons in solidarity with Westergaard.

Last time around, both media and political leaders pre-emptively covered themselves in disgrace. Newspapers all over the world refused to run the cartoons even though they were the focal point of the biggest news story in the world. Bill Clinton saw the occasion as an opportunity to denounce the cartoonists rather than their would-be butchers, decrying "this appalling example in northern Europe, in Denmark…these totally outrageous cartoons against Islam." Franco Fattini, then the E.U. Justice and Security Commissioner, made sure to "give the Muslim world the message: We are aware of the consequences of free expression." Cardinal Ratzinger's church declared that "the right to freedom of expression does not imply the right to offend religious beliefs."

Just in case there ever is a genuine uprising in the Muslim world against proscribed art, as opposed to a premeditated incitement to violence on the part of theocratic bullies, Ratzinger and his confessional brethren might want to rethink their illiberalism on purely pragmatic grounds. Under the same interpretation of Islamic law that prohibits depictions of Muhammad, graphic representations of Jesus and all other Jewish and Christian prophets who are accepted into the Islamic tradition are utterly forbidden as well. The upshot is that all Catholic churches in the world --- with their stained glass portrayals of the Holy Family, the saints, and scenes from the Bible --- are just as much an offense to Islam as the Danish cartoons. In other words, burning down Danish consular buildings is no more or less justified than burning down the Vatican.

Mutatis mutandis, anyone who does not live under the strictures of Sharia law undoubtedly transgresses it, daily, in countlessly many ways. The question of whether to subject oneself to an ancient inflexible religious code is not a question of showing appropriate respect for the beliefs of others. It's a question of maintaining respect for oneself.

Related: More Jewcy coverage of free speech, censorship, and the Intoonfada from Michael Weiss, Ali Eteraz, and Mr Eugenides.


 
THE CABAL
The Left Must Defend David Irving's Right to Free Speech

As I write, Nick Griffin, leader of the far-right British National Party, and David Irving, Holocaust denier-in-chief, are preparing to speak to 500-odd smartly-dressed students and a pack of hacks at the Oxford Union Debating Society.

The OU's decision to invite a racist politician and an anti-Semitic historian to its hallowed halls has caused an almighty stink. A Conservative Member of Parliament resigned his life membership of the Union, and various other British bigwigs— including Des Browne, Secretary of State for Defence, and a black TV presenter called June Sarpong—have cancelled planned appearances at the OU.

The cry goes up around Britain: "How can supposedly brainy students provide aLeave the Gag Off So He Can Make an Ass of Himself: The British National Party's Nick GriffinLeave the Gag Off So He Can Make an Ass of Himself: The British National Party's Nick Griffin platform for these charlatans?" For me, the most shocking thing is not that Griffin and Irving have been provided with a platform—after all, their weasel ideas are better out in the open where we can at least take potshots at them—but the issue they have been asked to pontificate about: the right to free speech!

The OU debate is titled "This house believes that even extremists have a right to freedom of expression," and Griffin and Irving are on the side of defending freedom of expression. Neither of them has a libertarian bone in his body. They wouldn't recognise free speech if it jumped them in an alley.

Irving's response to Deborah Lipstadt's book Denying the Holocaust, in which she exposed him as a fact-fiddling denier of the Nazis' extermination of half of Europe's Jews, was to demand that she pulp every copy. He then sued her for libel (and thankfully lost). So Irving supports freedom of expression for extremists, but not for American professors. Especially Jewish ones.

Griffin's British National Party (BNP) is founded on a profoundly authoritarian programme of restricting immigration into Britain. Asking these two characters to defend freedom of expression, or freedom of any kind, is a bit like asking Mark Chapman to speak on healthy hero worship.

That two fascists/fascist sympathisers can hold forth in Oxford about free speech is actually an indictment of the British left and British liberals. So-called progressives have abandoned the cause of free speech in recent years, which has allowed cranky elements on the right to pose as the true upholders of open debate.


Continue reading...

DAILY SHVITZ
Too Hot To Handle

Larry Summers, President of Harvard University, January 14th, 2005:

"There are three broad hypotheses about the sources of the very substantial disparities that this conference's papers document and have been documented before with respect to the presence of women in high-end scientific professions. One is what I would call… the high-powered job hypothesis. The second is what I would call different availability of aptitude at the high end, and the third is what I would call different socialization and patterns of discrimination in a search. And in my own view, their importance probably ranks in exactly the order that I just described."

Mahmoud Ahmadinejad, President of Iran, October 27th, 2005:

“Israel must be wiped out from the map of the world. And God willing, with the force of God behind it, we shall soon experience a world without the United States and Zionism.”

Guess which one gets invited to speak at a college campus, and which one is just beyond the pale.


DAILY SHVITZ
UN: Offending The Faithful Hazardous To Health

As if the U.N. weren't ineffectual enough, Doudou Diene, U.N. expert on racism has recently blown minds the world 'round by noting that defaming religion can stir people up. Especially Islam. Leaving aside the question of why supposed progressives conflate race with religion time and again, who gave this guy a job? Most likely somebody who also isn't savvy enough to notice the difference between a race and a belief system. Guess we can't leave that aside. It turns out the problem with this "debate" is a lack of discrimination--not discrimination against people or beliefs, but good old fashioned discrimination, the kind whose antonym is 'indiscriminant.'

Since when has challenging deeply held notions about the nature of reality and morality not been a threat to peace? Given that said notions can be both erroneous and destructive, who thinks that we should refrain? Plenty of people it seems:

African and Islamic countries welcomed the assessment and called for moves to draft an international treaty that would compel states to act against any form of defamation of religion.

If the claims of religion hadn't ever been challenged, or at least put in a box, dulled-down, re-worked, or at times completely eschewed, the human race would likely be extinct. Germs instead of demons. Medicine and moxie instead of prayer. It's been working out splendidly for the materialists of the world who have been saving humanity ten times a year for the last century or so. After all that, you'd expect a little respect, but the faithful have been ungrateful; delighting in the advances of science, popping Penicillin, while simultaneously espousing some of our era's most destructive ideas (the afterlife still being near the top of that list). Do they deserve an audience, much less a law protecting them should they choose to behave badly?

Now would come the customary attack, industrialization having made killing en masse easier, the "secular" ideologies of Nazism and communism (which looked and behaved like ultimate psycho cult religions), chemical warfare, the atomic bomb, and global warming. But no matter how impressively horrendous sounding it all is, this laundry list never manages to make the point intended. It does not follow that faith is therefore good and the doctrines of the faithful deserve to be shielded from critique or the normal parameters of free speech. Does anybody find it odd that those devoted to Britney Spears aren't expected to respond to her public ridicule with pipe bombs and Molotov cocktails, while those devoted to Muhammad are? That expectation in itself--the expectation that undergirds this entire discussion--is profoundly disrespectful to Muslims.

Another bit of savvy could benefit this argument as well--distinguishing the faithful from a faith. It is for the law to protect people, not the worldview to which they subscribe. I might well get a royal head bashing if I were to walk into the wrong room full of football fans telling them that the MVP they all adore can't play ball. We negotiate these sorts of situations daily, but never do we decide that any one group or idea gets privilege under the law.

Continuing to bring this proposition up in the public sphere is only functioning as a daily reinforcement of an impoverished notion of responsibility. It is for critics to critique with respect for the person, even if not for the religion. It is for the criticized to respond in a civil manner. Neither is entitled, no matter what has been said or done, to threaten or inflict harm on the other. Last I checked, the saying doesn't go Sticks And Stones Will Break Your Bones If Your Words Happen to Hurt Me. Rather than just accepting that this is how certain offended religious people will act, has it occurred to anyone at the U.N. that perhaps a greater service to humanity might be a rejection of this sort of behavior in favor of re-asserting basic principles of civility and public discourse, regardless of which books inform your version of truth?

 


FEATURE
Orhan Pamuk
The Radical Novelist
Orhan PamukTurkish writer and Nobel laureate Orhan Pamuk doesn’t mince his words. In a 2005 interview with the Swiss magazine Das Magazin, the novelist smashed two major taboos when he said, “Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares to talk about it.” In Turkey, a veil of silence surrounds the military’s violent suppression of the Kurdish independence movement, and the government still denies the existence of the Armenian genocide during WWI. By alluding to both of these ...
DAILY SHVITZ
Defamation Must be Free!

You’ve all heard of the greater internet fuckwad theory, right? It’s an elegant equation that explains the jaw-dropping quantity of vulgar, libelous nonsense floating about on the internet. It goes like this:

The Greater Internet Fuckwad Theory: the world wide web explainedThe Greater Internet Fuckwad Theory: the world wide web explained

Today, internet fuckwads everywhere are rejoicing, as the California Supreme Court has unanimously ruled that the federal Communications Decency Act of 1996 extends broad protection to sites like Jewcy when we publish (say, in our comment sections) all the scurrilous, slanderous drivel that oozes from your head. The protection is so broad that it’s being described as “blanket immunity.”

"The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol A. Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended."

Ms. Corrigan later explained that "The volume and range of Internet communications make the 'heckler's veto' a real threat," and that this threat must be preserved. “Heckler’s veto,” of course, is just legal fancytalk for “rantings of an internet fuckwad.”

Groups like American Civil Liberties Union and the Electronic Frontier Foundation are over the moon, but not everyone's happy. Whined losing attorney Christopher E. Grell,

“What you couldn't put in your print newspaper, you can put in your Internet newspaper. The notion of fact checking and verifying things doesn't apply to the Internet."

Is this guy for real? “Fact checking”? “Verifying things”? Anachronistic gobbledygook like that just makes my eyes glaze over. Barukh Hashem for the 21st century, online media, and the California Supreme Court.